Chapter 85 - Vehicle Storage Facility Rule Changes

1 TOWERSHELPING TOWERSC hapter 85- Vehicle Storage FacilityRule ChangesEffective:August 15, 2013 Rule change #1 The Changes to VSF sign Changes for every VSF in Texas. However, once you makethe Changes required here, future Changes will be much easier and less expensive ifyou choose thenewoption to print out the language and affix it to the payment window. Technical Requirements-- Storage Lot Signs.(a) (No change .)(b) All VSFs shall have a sign in view of the person who claims the Vehicle setting out the charge forstorage and all other fees, which may be charged by the Storage lot, including notification andimpoundment fees. The signmay be affixed to the paymentwindow andshall include all forms ofpayments the VSF accepts for any charge associated with delivery or Storage of a the sign isaffixed to the payment window, it[The sign] must be located so it is clearly visible to a Vehicle owner atthe place of payment.

2 [and shall have letters at least 1 inch in height with a contrasting background.](c) Nonconsent towing fees schedule. All VSFs shall conspicuously place a sign, at the place ofpayment, which states in 1-inch letters that:(1) Nonconsenttow fees schedules available on request. The VSF shall provide a copy of anonconsent towing fees schedule on request; and(2) The nonconsent towing fees provided for viewingand to the Vehicle owner or representativemustmatch the nonconsent towing fees authorized by this Chapter or Texas Occupations Code (d) Instruments accepted for release of Vehicle . VSFs shall have a sign describing the documents thatmay be presented by the Vehicle owner or his/her authorized representative to obtain possession ofthe Vehicle .

3 This sign shall list all instruments as described in (a)(3)(A) (I)[(G)], and shall alsostate: "Affidavit of Right of Possession Furnished Upon Request."The sign may be affixed to thepayment window.[This sign shall belocated so it is clearly visible to a Vehicle owner at the place ofpayment, and have letters at least 1 inch in height with a contrasting background.](e)-(f) (No change .)(g) A Vehicle Storage Facility accepting a nonconsent towed Vehicle shall post a sign in one inch lettersstating "Nonconsent tow fees schedules available on request." The Vehicle Storage Facility shallprovide a copy of a nonconsent towing fees schedule on request.**Because we moved the evidence of financial responsibility item into the main list of items accepted forproof of ownership, your old signs will no longer be in compliance.

4 You can re-do your old signs to add thatitem, or you now have theoption to print thesign language out on 81/2 by 11 inch paper and post it next toyour payment you choose this option, you can get rid of the old sign. The new sign printed out onpaper must beclearly visible and readable by a Vehicle owner claiming his Vehicle . It must also containall of the verbiage contained on your old sign(s).An example and more information on VSF signs can befound at the end of this document. You will st ill have to have the ver bi age Nonconsent tow fees schedules av ai lable on request in 1 inchletters. You can put thi s on a separat e si gn, oron the si gn affi xed to the window.

5 Just make su re your let ter sar eONE INCH change BY TDLRAlso, TDLR has changed its website address and email for co mpl ai nt s. New inf or mat ion that must be on yoursi gns: You may di rect al l compl aint s to Texas Department of Licensing & Regulat ion at Box 12157,Aust in, TX 78711 or ca ll 800-803-9202 or thr ough the website aintsor emailto enforcement@tdl Thi s al so has to be in 1 inch letters. You can make thi s a separat e, pe rmanent si gn, or print it out on paper,but it will take sever al 8 1/ 2 by 11 sheets to meet the 1 inch letter requi TOWERSRULE change #3 (a) (3) The VSF shall allow the Vehicle owner or authorized representative to obtainpossession of the Vehicle ,including payment at the location of the stored Vehicle ,at any time betweenthe hours listed on the Facility information sign posted as described in , upon payment of allfees due, presentation of valid **If you collect any payments at a place other than where the Vehicle is stored, you will have to stop.

6 Youmust accept payment at the location where the Vehicle is stored. This may require you to add mobile creditcard processing and/or mobile printing toyour August 15, 2013,VSF sMUST ACCEPTPAYMENT AT THE LOCATION OF THE STORED change #4 (I) evidence of financial responsibility (insurance card), as required by Transportation Code as an additional form ofidentification that establishes ownership or right of possession orcontrol of the Vehicle .**This change adds evidence of financial responsibility to the old list of items accepted for proof ofownership. Thismoved evidence of financial responsibility in with the other items that are acceptable proofsof didn tchangeany of the proof of ownership requirements, only the signs you are requiredto change #5 (b)(3)(c) A person may not execute, submit or use a department-approved formor otherdocument which contains a false,fictitious, dishonest, or fraudulent statement of a material fact usedfor the purpose of obtaining possession of or access to a motor stored by Facility licensed under TexasOccupations Code, Chapter 2303.

7 (1) For purposes of this section, a false, fictitious, dishonest, or fraudulent statement related toauthorization from the Vehicle owner to the person or entity named in the form or document is amaterial fact.(2)Conduct found by the commission or theexecutive director by final order to have violated thissection shall be deemed fraudulent and dishonest conduct.**This change requires no action on the VSFs part. It is simply added to give more power to TDLR toprosecute those who falsify proof of ownership/control documents in order to obtain possession of a TOWERSRULE change #6 (8) For purposes of determining when the one hour for release of a Vehicle starts, the VSFmust clearly note on the receipt the time of the call requesting Vehicle release and have the personrequesting release separately initial the notation.

8 **This section was NO LONGER HAVE TO NOTATE ON THE RECIEPT THE TIMESOMEONE CALLS ABOUT PICKING UP THEIR was deleted to help eliminate someunnecessary change #7 (a)(6)(C)(iii) Each licensed VSF participating in a consortium must ensure that the consortiumperforms random drug testing on at least 25% of the total number of the licensed VSF employeesparticipating in and tested by the consortium [employed byor under contract with the VSF].**This change requires no action on the VSF s language change was put in place to match theexisting language in Chapter 86, Towing always, make sure your drug testing company stays up todate and in compliance with all drug testing statutes and RULE THATDID NOTPASS (b) Only one licensedfacility may be located at physical address as recorded in the records ofthe local taxing appraisal district for the county in which the Facility is change was proposed, BUT DID NOT PASS.

9 Both the Advisory Board and theTDLR Commissionersagreed that this change was too burdensome on small VSF sthat share one lot. Southwest Tow Operators also opposed this change and testifiedagainst FOR ATTENDING!!Notes on Facility SignsPayment Signs, must be visible at place of rules effective 8/15/13 allow you to post this information on a letter or legal size piece of paper, as long as it is affixed to thepayment window andclearly visibleto avehicle owner at the place of payment.( (b)) new requirements:You must list items that can be accepted as proof of ownership, including the clause aboutinsurance cards ( (a)(3)(a) through (I)) change :The sign must include allcharges for Storage and other fees that may be charged by the VSF, including notificationand impound fees (but not towing fees).

10 It must also include all forms of payments the VSF accepts. And it must include thestatement: This Vehicle Storage Facility must accept payment by an electronic check, credit card, or debit card for any fee orcharge associated with delivery or Storage of a Vehicle . ( (b)and (e))Because the following 2 items must be displayed in ONE INCH LETTERS, you may want tohave special permanent signsmade and posted at place of payment, although you can print it out on paper. Just make sure your letters are at least oneinch high. (Wetested, and you must go to 125 point font (Arial, all caps) to get it one inch high.) :You must post the following in one inch letters: Nonconsent tow fees schedules available upon request.